HomeMy WebLinkAboutMOU-San Bernardino Community CollegeSan Bernardino Community College District
550 E Hospitality Ln Suite 200, San Bernardino, CA 92408
Memorandum of Understanding
For Off -Campus Work -Study Placement
This Memorandum of Understanding ("MOU") is entered into this 5th day of September
2023 by and between the City of Redlands, a municipal corporation and genera law city
hereinafter referred to as "SITE" and San Bernardino Community College District for the
Campus Crafton Hills College hereinafter referred to as "DISTRICT".
WHEREAS, SITE and DISRICT desire to form a partnership in support of DISTRICT' s
Federal Work -Study Program.
NOW THEREFORE, SITE and DISTRICT agree to the following:
1. RESPONSIBILITIES OF SITE:
a. Provide support to DISTRICT's students in the form of student
internships at SITE for skills training.
b. Provide facility, tools, equipment and supplies as may be deemed
necessary to the work experience.
c. Train students as to the SITE' s procedures and duties.
d. Monitor student's timecards and ensure that students do not work more
than fifteen (15) hours each week and no more than eight (8) hours in
one day.
e. Submit completed student timesheets to DISTRICT by no later than
the 12th of each month.
f. Monitor progress of students via evaluation, progress reports and
completeness of a student performance objective.
g. SITE reserves the right to approve of the students provided by
DISTRICT.
2. RESPONSIBILITIES OF DISTRICT:
a. Provide suitable students who will participate in an internship and
provide support to SITE.
b. Provide orientation to students.
c. Provide information and any updates on timesheet reporting.
d. Process payroll for students.
e. Provide students with support for any work -related issues.
f. Meet with SITE staff, as appropriate.
g. Include students in its Workers' Compensation Insurance coverage.
h. Ensure that students have been fingerprinted for criminal record
clearance and are free from active Tuberculosis, if needed by SITE.
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3. TERM
The term of this MOU shall be July 1, 2023, to June 30, 2024.
4. TERMINATION
This MOU may be terminated by either party without cause with seven (7) days prior
written notice to the other party
5. RELATIONSHIP OF PARTIES
DISTRICT and SITE hereby agree and acknowledge that SITE, in providing the services
herein specified, is and at all times shall be acting as an independent contractor. As such,
SITE shall have the right to determine the time and the manner in which the contracted
services are performed. DISTRICT shall not have the right to control or to determine the
results to be attained by the work for SITE, nor the details, methods, or means by which
that result is to be attained. SITE shall not be considered an agent or employee of
DISTRICT and shall not be entitled to participate in any employee fringe benefits of
DISTRICT. DISTRICT and students shall not be considered an agent or employee of
SITE and shall not be entitled to participate in any employee fringe benefits of SITE.
The relationship of the parties will be based on the IRS guidelines (see Attachment A).
6. INDEMNIFICATION AND HOLD HARMLESS
To the maximum extent permitted by law, SITE shall indemnify, defend, and hold
harmless DISTRICT and its directors, officers, employees, agents, and representatives
from and against any and all claims, losses, damages, liabilities, fines, penalties, costs
and expenses (including all legal costs such as reasonable attorneys' fees, expert costs,
court costs, and settlement expenses) (collectively, "Claims") arising out of or related to
this MOU; provided, however, that SITE's indemnification obligations under this Section
6 shall not apply to the extent any Claims are caused by the negligence or willful
misconduct of DISTRICT or the students placed by DISTRICT at SITE.
To the maximum extent permitted by law, DISTRICT shall indemnify, defend, and hold
harmless SITE and its officers, officials, employees, agents, and representatives from and
against any and all claims, losses, damages, liabilities, fines, penalties, costs and expenses
(including all legal costs such as reasonable attorneys' fees, expert costs, court costs, and
settlement expenses) (collectively, "Claims") arising out of or related to this MOU and
the willful or negligent acts or omissions of the student working at SITE; provided,
however, that DISTRICT' s indemnification obligations under this Section 6 shall not
apply to the extent any Claims are caused by the negligence or willful misconduct of
SITE.
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7. INSURANCE
I. Both Parties shall self -insure or maintain a policy or policies of insurance as set forth
below for the term of this MOU:
A. Workers' Compensation and Employer's Liability insurance in the amount
that meets statutory requirements or certification of self -insured or exemption
from the workers' compensation laws of the State of California.
B. Comprehensive General Liability insurance in the minimum amount of One
Million Dollars ($1,000,000) per occurrence and Two Million Dollars
($2,000,000) aggregate, for public liability, property damage and personal
injury is required.
C. Business Auto Liability coverage, with minimum limits of One Million
Dollars ($1,000,000) per occurrence, combined single limit bodily injury
liability and property damage liability. This coverage shall include all owned
vehicles, hired and non -owned vehicles, and employee non -ownership
vehicles.
II. Acceptability of Insurers: Insurance is to be placed with insurers with a current
A.M. Best's rating of no less than A:VII. Exception may be made for State
Compensations Insurance Fund when not specifically rated.
III.. Verification of Coverage: DISTRICT and SITE shall furnish to the other party
original certificates and amendatory endorsements evidencing insurance coverage
required by this provision. All certificates and endorsements of each party shall be be
received and approved by the other party before work commences. However, failure to
do so shall not operate as a waiver of these insurance requirements. Either party reserves
the right to require complete, certified copies of all required insurance policies, including
endorsements affecting the coverage require by these specifications at any time.
IV. Waiver of Subrogation: DISTRICT and SITE each hereby agree to waive
subrogation which any insurer or contractor may acquire from vendor by virtue of the
payment or any loss. DISTRICT and SITE agree to obtain any endorsement that may be
necessary to affect this waiver of subrogation.
8. ATTORNEY'S FEES
Should any party violate or breach any term or condition of this Agreement, any other
party shall have, without limitation, the right to move for entry of judgment by a court of
competent jurisdiction, to seek specific performance thereof, and otherwise exercise all
remedies available to him, her or it under the law to obtain redress from injury or damage
resulting from any such violation or breach. In any such legal proceeding(s) brought to
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enforce the terms and conditions of this Agreement, the prevailing party shall be entitled
to recover its reasonable attorney's fees and costs incurred as a consequence hereof.
9. ENTIRE AGREEMENT
There are no understandings or agreements except as herein expressly stated.
IN WITNESS WHEREOF: the parties to the agreement have executed this MOU on
the day and year written above.
DISTRICT
San Bernardino Community College District
for the Campus Crafton Hills College
(Signature)
Steven J. Sutorus, Business Manager
550 E Hospitality Ln Suite 200,
San Bernardino, CA 92408
Date: 08/17/2023
SITE
City of Redlands
(Signature)
Name: Eddie Tejeda
Title: Mayor, City of Redlands
Address:
300 E. State Street, Ste. 690
Redlands, CA 92373
Date: Q
ATTEST:
Jea e Donaldson, City Clerk
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